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(영문) 서울중앙지방법원 2017.05.10 2016가단5107175
부당이득금
Text

1. The Plaintiff:

A. Defendant B, C, D, E, F, G, K, L, M,O, P, S, W, and X are listed in the annexed list.

Reasons

1. Basic facts

A. The Plaintiff’s relationship 1) In the process of the public sale on November 23, 2015, the Plaintiff is deemed to be the Plaintiff’s land in Gangnam-gu Seoul Metropolitan Government Ygi-gu 704 square meters (hereinafter “instant land”).

) Of the 48.44/707 shares (hereinafter “instant shares”) 48.4/707 shares (hereinafter “instant shares”).

(2) On December 17, 2015, the Defendants purchased and completed the registration of ownership transfer under the Plaintiff’s name. (2) The Defendants, as co-owners of the Z Building (hereinafter “instant building”) which is an aggregate building of the fourth and the 12th floor above the instant land, are owned by the Defendants after completing the registration of ownership transfer as to each relevant section of exclusive ownership on the same date as indicated in the “acquisition” column in the attached list, as the sectional owners of the Z Building (hereinafter “instant building”).

(However, Defendant H, I and J own 1/3 shares, AB through AC shares each of them, Defendant Q and R own 5/10 shares, 3/10 shares, 2/10 shares, and 2/10 shares each of them. In addition, in the case of Defendant C Co., Ltd., the owner of AF or AG, through merger and replacement of trustee, the current Defendant comprehensively succeeded to the rights and obligations of the C Co., Ltd, the former trustee of the merger).

1) As to the construction and registration of the instant building, AH Co., Ltd. (hereinafter “AH”)

(2) On October 5, 2005, the building site area of this case was completed with a building permit of this case in the form of sectional ownership with a site area of 655.56 square meters, and on September 16, 2005, the aggregate building register with a site area of 655.56 square meters was prepared with respect to the building of this case on the same day. (2) on October 5, 2005, the registration was completed with regard to a share of 655.56/704 square meters in the register of the land of this case, that it is the site ownership of this case, and the remaining 48.44/707 shares (the part corresponding to the Plaintiff’s share of this case) were left in the name of AH without completing the registration of site ownership. On the other hand, as to each part of this case’s exclusive ownership of this case on the same day, AH. of this day

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